How long to wait to file bankruptcy again?

Asked over 2 years ago - Renton, WA

I had a friend who declared bankruptcy in 2004, and unfortunately will need to do so again. How long does he have to wait in order to do so?

Attorney answers (4)

  1. Douglas Jay Lineberry

    Contributor Level 12

    4

    Lawyers agree

    Answered . It depends on what chapter your friend filed under before (7 or 13), and what chapter your friend intends to file under this time around. The maximum waiting period is 8 years between filings, so if the old was any time in 2004 then your friend should be fine to file again sometime in 2012, once the 8 year mark is hit.

    The foregoing is commentary regarding a general legal question. It is not intended to be legal advice specific to... more
  2. Joseph Wrobel

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . If this was a Chapter 7, your friend can file 8 years after the filing date of the prior bankruptcy. If the bankruptcy was in fact filed in 2004, then a new one can be filed some time this year. If a Chapter 13, can file right away.

    Please be advised that the advice to you herein does NOT establish an attorney client relationship and that our... more
  3. Ted A Troutman

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . He has to wait 8 years from the date the prior chapter 7 was filed to file a chapter 7. If he wishes to file a chapter 13 the waiting period to file a 13 where he would receive a discharge is 4 years.

    The answer above is for general information purposes only. You should talk to an attorney to determine your... more
  4. Gregory J. Jalbert

    Contributor Level 14

    1

    Lawyer agrees

    Answered . If you would like me to tell your friend if he can refile have him call me with the following information: date he filed and type of case and i can tell him his options.

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